What was Tenancy Tribunal case 5300880 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s]

How much money was awarded in case 5300880?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent & Utility Arrears: $1,317.35 awarded to landlord

What type of tenancy dispute was case 5300880?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5300880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12649539-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5300880 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s]

How much money was awarded in case 5300880?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent & Utility Arrears: $1,317.35 awarded to landlord

What type of tenancy dispute was case 5300880?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5300880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12649539-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1107A, 8 Lakewood Court, Manukau, Tenancy Tribunal Case 5300880 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5300880 — net $1,645.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent & utility arrears	$1,317.35	Rent & utility arrears
Cleaning: & painting	$300.00	Cleaning: & painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,645.35
Total payable by Tenant to Landlord	$1,645.35

The landlord attended the hearing represented by Ms Gupta.

The tenant did not attend the video hearing and not answer the calls made to his phone during the hearing. He had been notified of the hearing by email and text and had the hearing link, however did not attend. Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 March 2025. The landlord provided rent records to prove the amounts owing at the end of the tenancy. She also provided written evidence from Mr Brown that he consented to the claimed amounts.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims reimbursement of the $414 they were put to in cleaning the property (full walls cleaning, dryer filter cleaning, balcony & air condition top cleaning and TV wipe) and touching up areas of paint that had been allegedly damaged during the tenancy.

Section 40(1)(e)(ii)-(v) RTA states that at the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.

The tenant’s statutory obligation is to leave the premises in a reasonably clean and reasonably tidy condition. “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 1 This is not necessarily to the standard a landlord considers acceptable for a new tenant. 2 It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. 3 Furthermore, it does not equate to being commercially clean, 4 spotless, 5 or hotel/motel standard of cleanliness. 6 Of relevance also is the length of the tenancy and how the tenancy was provided at the commencement. The cost claimed must also be reasonable in light of the evidence, therefore, a landlord cannot claim excessive time to clean and tidy the premises. 7

Sections 40(2)(a), 41 and 49B RTA state that a tenant is liable for careless or intentional damage in properties, however in order to be successful in such a claim the landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. 1 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 2 Ace Property Management Ltd v Owens DC Wellington CIV-2008-085-1441, 17 Dec 2008 3 Richards v Scally TT Christchurch TT 2043/98, 21 July 1998 4 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 5 Reardon v Fahey Property Management Ltd [2016] NZTT Auckland 3149 at 6 6 Richards v Scally (above) 7 Falwasser v Armstrong [2011] NZTT Whakatane 523.

It is manifest that when a landlord rents premises to a tenant, that the tenants will live in the dwelling, and in the process cause some wear and tear. As far as walls are concerned, it would be expected there would be some minor damage such as scrapes, marks or even minor holes when hanging pictures and the like. That is an incident of people living in the premises, and that damage (wear and tear) is ‘compensated’ by way of the rent payments the landlord receives.

Having assessed the evidence I am satisfied that there remained some areas the tenant was required to clean to reach the statutory standard, however the full clean as claimed exceeds this standard. For example, a tenant is not expected to clean outside areas such as the heat pump condenser.

Further, whilst some marks on walls were in excess of fair wear and tear, others were not.

Having assessed the evidence carefully, I am satisfied that an award of $300 is reasonable in the circumstances and based on the evidence as tended. Agents fees

The landlord seeks reimbursement of their agent’s fees for dealing with these claims. This is not a cost that can be passed on to tenants 8 and as such the claim is dismissed. If an owner choses to instruct an agent to conduct their tenancy matters for them, that is a cost they have to bear, not the tenant. Filing fee

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

If Mr Brown wishes to pay this debt off in instalments, he is to contact the landlord to make that arrangement directly with her as he did not attend the hearing.

Claims and awards in Tenancy Tribunal application 5300880 — net $1,645.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent & utility arrears	$1,317.35	Rent & utility arrears
Cleaning: & painting	$300.00	Cleaning: & painting
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,645.35
Total payable by Tenant to Landlord	$1,645.35

Order

[The tenant/s] must pay [The landlord/s] $1,645.35 immediately, calculated as shown in table below.
The claim for agent’s costs is dismissed.

Reasons

The landlord attended the hearing represented by Ms Gupta.
The tenant did not attend the video hearing and not answer the calls made to his phone during the hearing. He had been notified of the hearing by email and text and had the hearing link, however did not attend. Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 March 2025. The landlord provided rent records to prove the amounts owing at the end of the tenancy. She also provided written evidence from Mr Brown that he consented to the claimed amounts.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims reimbursement of the $414 they were put to in cleaning the property (full walls cleaning, dryer filter cleaning, balcony & air condition top cleaning and TV wipe) and touching up areas of paint that had been allegedly damaged during the tenancy.
Section 40(1)(e)(ii)-(v) RTA states that at the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
The tenant’s statutory obligation is to leave the premises in a reasonably clean and reasonably tidy condition. “Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 1 This is not necessarily to the standard a landlord considers acceptable for a new tenant. 2 It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. 3 Furthermore, it does not equate to being commercially clean, 4 spotless, 5 or hotel/motel standard of cleanliness. 6 Of relevance also is the length of the tenancy and how the tenancy was provided at the commencement. The cost claimed must also be reasonable in light of the evidence, therefore, a landlord cannot claim excessive time to clean and tidy the premises. 7
Sections 40(2)(a), 41 and 49B RTA state that a tenant is liable for careless or intentional damage in properties, however in order to be successful in such a claim the landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. 1 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 2 Ace Property Management Ltd v Owens DC Wellington CIV-2008-085-1441, 17 Dec 2008 3 Richards v Scally TT Christchurch TT 2043/98, 21 July 1998 4 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 5 Reardon v Fahey Property Management Ltd [2016] NZTT Auckland 3149 at 6 6 Richards v Scally (above) 7 Falwasser v Armstrong [2011] NZTT Whakatane 523.
It is manifest that when a landlord rents premises to a tenant, that the tenants will live in the dwelling, and in the process cause some wear and tear. As far as walls are concerned, it would be expected there would be some minor damage such as scrapes, marks or even minor holes when hanging pictures and the like. That is an incident of people living in the premises, and that damage (wear and tear) is ‘compensated’ by way of the rent payments the landlord receives.
Having assessed the evidence I am satisfied that there remained some areas the tenant was required to clean to reach the statutory standard, however the full clean as claimed exceeds this standard. For example, a tenant is not expected to clean outside areas such as the heat pump condenser.
Further, whilst some marks on walls were in excess of fair wear and tear, others were not.
Having assessed the evidence carefully, I am satisfied that an award of $300 is reasonable in the circumstances and based on the evidence as tended. Agents fees
The landlord seeks reimbursement of their agent’s fees for dealing with these claims. This is not a cost that can be passed on to tenants 8 and as such the claim is dismissed. If an owner choses to instruct an agent to conduct their tenancy matters for them, that is a cost they have to bear, not the tenant. Filing fee
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
If Mr Brown wishes to pay this debt off in instalments, he is to contact the landlord to make that arrangement directly with her as he did not attend the hearing.

Tenancy Tribunal case 5300880 — Cleanliness at Unit/Flat Unit 1107A, 8 Lakewood Court, Manukau,

At a glance

Tenancy Tribunal case 5300880 — Cleanliness at Unit/Flat Unit 1107A, 8 Lakewood Court, Manukau,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions